[Congressional Record Volume 145, Number 68 (Wednesday, May 12, 1999)]
[House]
[Pages H3087-H3090]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 1555

                    Offered By: Mr. Barr of Georgia

       Amendment No. 1: At the end of title III (page 10, after 
     line 2), insert the following new section:

     SEC. 304. REPORT ON LEGAL STANDARDS APPLIED FOR ELECTRONIC 
                   SURVEILLANCE.

       (a) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Director of Central Intelligence, 
     the Director of the National Security Agency, and the 
     Attorney General shall jointly prepare, and the Director of 
     the National Security Agency shall submit to Congress a 
     report in unclassified form describing the legal standards 
     employed by elements of the intelligence community in 
     conducting signals intelligence activities, including 
     electronic surveillance.
       (b) Matters Specifically Addressed.--The report shall 
     specifically include a statement of each of the following 
     legal standards:
       (1) The legal standards for interception of communications 
     when such interception may result in the acquisition of 
     information from a communication to or from United States 
     persons.
       (2) The legal standards for intentional targeting of the 
     communications to or from United States persons.
       (3) The legal standards for receipt from non-United States 
     sources of information pertaining to communications to or 
     from United States persons.
       (4) The legal standards for dissemination of information 
     acquired through the interception of the communications to or 
     from United States persons.
       (c) Inclusion of Legal Memoranda and Opinions.--The report 
     under subsection (a) shall include a copy of any legal 
     memoranda, opinions, and other related documents with respect 
     to the conduct signals intelligence activities, including 
     electronic surveillance by elements of the intelligence 
     community, prepared by the Office of the General Counsel of 
     the National Security Agency or by the Office of General 
     Counsel of the Central Intelligence Agency.
       (d) Definition.--As used in this section:
       (1) The term ``intelligence community'' has the meaning 
     given that term under section 3(4) of the National Security 
     Act of 1947 (50 U.S.C. 401a(4)).
       (2) The term ``United States persons'' means a citizen of 
     the United States or an alien lawfully admitted for permanent 
     residence in the United States.

                               H.R. 1555

                    Offered By: Mr. Barr of Georgia

       Amendment No. 2: At the end of title III (page 10, after 
     line 2), insert the following new section:

     SEC. 304. REPORT ON LEGAL STANDARDS APPLIED FOR ELECTRONIC 
                   SURVEILLANCE.

       (a) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Director of Central Intelligence, 
     the Director of the National Security Agency, and the 
     Attorney General shall jointly prepare, and the Director of 
     the National Security Agency shall submit to the appropriate 
     congressional committees a report in classified and 
     unclassified form describing the legal standards employed by 
     elements of the intelligence community in conducting signals 
     intelligence activities, including electronic surveillance.
       (b) Matters Specifically Addressed.--The report shall 
     specifically include a statement of each of the following 
     legal standards:
       (1) The legal standards for interception of communications 
     when such interception may result in the acquisition of 
     information from a communication to or from United States 
     persons.
       (2) The legal standards for intentional targeting of the 
     communications to or from United States persons.
       (3) The legal standards for receipt from non-United States 
     sources of information pertaining to communications to or 
     from United States persons.
       (4) The legal standards for dissemination of information 
     acquired through the interception of the communications to or 
     from United States persons.
       (c) Inclusion of Legal Memoranda and Opinions.--The report 
     under subsection (a) shall include a copy of all legal 
     memoranda, opinions, and other related documents in 
     unclassified, and if necessary, classified form with respect 
     to the conduct of signals intelligence activities, including 
     electronic surveillance by elements of the intelligence 
     community, utilized by the Office of the General Counsel of 
     the National Security Agency, by the Office of General 
     Counsel of the Central Intelligence Agency, or by the Office 
     of Intelligence Policy Review of the Department of Justice, 
     in preparation of the report.
       (d) Definition.--As used in this section:
       (1) The term ``intelligence community'' has the meaning 
     given that term under section 3(4) of the National Security 
     Act of 1947 (50 U.S.C. 401a(4)).
       (2) The term ``United States persons'' has the meaning 
     given such term under section 101(i) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)).
       (3) The term ``appropriate congressional committees'' means 
     the Permanent Select

[[Page H3088]]

     Committee on Intelligence and the Committee on the Judiciary 
     of the House of Representatives, and the Select Committee on 
     Intelligence and the Committee on the Judiciary of the 
     Senate.

                               H.R. 1555

                         Offered By: Mr. Engel

       Amendment No. 3: At the end of title III (page 10, after 
     line 2), insert the following new section:

     SEC. 304. REPORT ON KOSOVA LIBERATION ARMY.

       (a) Report.--Not later than 30 days after the date of the 
     enactment of this Act, the Director of Central Intelligence 
     shall submit to the appropriate congressional committees a 
     report (in both classified and unclassified form) on the 
     organized resistance in Kosova known as the Kosova Liberation 
     Army. The report shall include the following:
       (1) A summary of the history of the Kosova Liberation Army.
       (2) As of the date of the enactment of this Act--
       (A) the number of individuals currently participating in or 
     supporting combat operations of the Kosova Liberation Army 
     (fielded forces), and the number of individuals in training 
     for such service (recruits);
       (B) the types, and quantity of each type, of weapon 
     employed by the Kosova Liberation Army, the training afforded 
     to such fielded forces in the use of such weapons, and the 
     sufficiency of such training to conduct effective military 
     operations; and
       (C) minimum additional weaponry and training required to 
     improve substantially the efficacy of such military 
     operations.
       (3) An estimate of the percentage of funding (if any) of 
     the Kosova Liberation Army that is attributable to profits 
     from the sale of illicit narcotics.
       (4) A description of the involvement (if any) of the Kosova 
     Liberation Army in terrorist activities.
       (5) A description of the number of killings of noncombatant 
     civilians (if any) carried out by the Kosova Liberation Army 
     since its formation.
       (6) A description of the leadership of the Kosova 
     Liberation Army, including an analysis of--
       (A) the political philosophy and program of the leadership; 
     and
       (B) the sentiment of the leadership toward the United 
     States.
       (b) Appropriate Congressional Committees.--As used in this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on International Relations and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives, and the Committee on Foreign Relations and 
     the Select Committee on Intelligence of the Senate.

                               H.R. 1555

                        Offered By: Mr. Hinchey

       Amendment No. 4: At the end of title III (page 10, after 
     line 2), insert the following new section:

     SEC. 304. REPORT ON ACTIVITIES OF THE CENTRAL INTELLIGENCE 
                   AGENCY IN CHILE.

       (a) In General.--By not later than 120 days after the date 
     of the enactment of this Act, the Director of Central 
     Intelligence shall submit to the appropriate congressional 
     committees a report describing all activities of officers, 
     covert agents, and employees of all elements in the 
     intelligence community with respect to the following events 
     in the Republic of Chile:
       (1) The assassination of President Salvador Allende in 
     September 1973.
       (2) The accession of General Augusto Pinochet to the 
     Presidency of the Republic of Chile.
       (3) Violations of human rights committed by officers or 
     agents of former President Pinochet.
       (b) Documentation.--(1) The report submitted under 
     subsection (a) shall include copies of unedited documents in 
     the possession of any such element of the intelligence 
     community with respect to such events.
       (2) Any provision of law prohibiting the dissemination of 
     classified information shall not apply to documents referred 
     to in paragraph (1).
       (c) Definition.--In this section, the term ``appropriate 
     congressional committees'' means the Permanent Select 
     Committee on Intelligence and the Committee on Appropriations 
     of the House of Representatives, and the Select Committee on 
     Intelligence and the Committee on Appropriations of the 
     Senate.

                               H.R. 1555

                     Offered By: Mr. Ryun of Kansas

       Amendment No. 5: At the end, add the following new title:

  TITLE VI--ESTABLISHMENT OF COUNTERINTELLIGENCE PROGRAM AT NATIONAL 
                LABORATORIES OF THE DEPARTMENT OF ENERGY

     SEC. 601. COUNTERINTELLIGENCE PROGRAM.

       (a) Establishment at Each Laboratory.--The Secretary of 
     Energy, acting through the Director of the Office of 
     Counterintelligence of the Department of Energy, shall 
     establish a counterintelligence program at each of the 
     national laboratories. The counterintelligence program at 
     each such laboratory shall have a full-time staff assigned to 
     counterintelligence functions at that laboratory, including 
     such personnel from other agencies as may be approved by the 
     Director. The counterintelligence program at each such 
     laboratory shall be under the direction of, and shall report 
     to, the Director.
       (b) Prohibition on Entry on Certain Individuals.--
       (1) In general.--Subject to paragraph (2), a 
     counterintelligence program carried out under subsection (a) 
     shall prohibit the entrance to a national laboratory of any 
     individual who is a citizen of a nation that is named on the 
     sensitive countries list maintained by the Department. Such 
     prohibition shall apply during the one-year period beginning 
     on the date of the enactment of this Act.
       (2) Waiver authority.--The Director may waive the 
     prohibition in paragraph (1) on a case-by-case basis with 
     respect to specific individuals whose admission to a national 
     laboratory is determined by the Secretary to be necessary for 
     the national security of the United States. In the case of a 
     waiver granted by the Director under this paragraph, by not 
     later than five days after granting the waiver, the Director 
     shall submit to the appropriate committees a report 
     describing the waiver and including such information as the 
     Director determines appropriate.
       (c) Investigation of Past Security Breaches.--The Director 
     shall require that the counterintelligence program at each 
     laboratory include a specific plan to investigate any 
     breaches of security discovered after the date of the 
     enactment of this Act that occurred at that laboratory before 
     the establishment of that program at that laboratory.
       (d) Required Background Checks on All Foreign Visitors.--
     Before an individual who is a citizen of a foreign nation is 
     allowed to enter a national laboratory, the Director shall 
     require that a security clearance investigation (known as a 
     ``background check'') be carried out on that individual.
       (e) Report to Congress.--The Secretary, after consultation 
     with the Director, shall submit to the appropriate committees 
     a report on the status of counterintelligence activities at 
     each of the national laboratories. The report shall be 
     submitted not earlier than the end of the six-month period 
     beginning on the date of the enactment of this Act and shall 
     include the recommendation of the Secretary as to whether 
     subsection (b) should be repealed.
       (f) Definitions.--
       For purposes of this section:
       (1) The term ``national laboratory'' means any of the 
     following:
       (A) The Lawrence Livermore National Laboratory, Livermore, 
     California.
       (B) The Los Alamos National Laboratory, Los Alamos, New 
     Mexico.
       (C) The Sandia National Laboratories, Albuquerque, New 
     Mexico.
       (2) The term ``sensitive countries list'' means the list 
     prescribed by the Secretary of Energy known as the Department 
     of Energy List of Sensitive Countries.
       (3) The term ``appropriate committees'' means the Select 
     Committee on Intelligence and the Committee on Armed Services 
     of the Senate, and the Permanent Select Committee on 
     Intelligence and the Committee on Armed Services of the House 
     of Representatives.

                               H.R. 1555

                        Offered By: Mr. Sanders

       Amendment No. 6: At the end of title I, add the following 
     new section:

     SEC. 106. LIMITATION ON AMOUNTS AUTHORIZED TO BE 
                   APPROPRIATED.

       (a) Limitation.--Except as provided in subsection (b), 
     notwithstanding the total amount of the individual 
     authorizations of appropriations contained in this Act, 
     including the amounts specified in the classified schedule of 
     Authorizations referred to in section 102, there is 
     authorized to be appropriated for fiscal year 2000 to carry 
     out this Act not more than the total amount authorized to be 
     appropriated by the intelligence Authorization Act for Fiscal 
     Year 1999.
       (b) Exception.--Subsection (a) does not apply to amounts 
     authorized to be appropriated for the Central Intelligence 
     Agency Retirement and Disability Fund by section 201.

                               H.R. 1555

                        Offered By: Mr. Sanders

       Amendment No. 7: At the end of title I (page 8, after line 
     17), insert the following new section:

     SEC. 106. LIMITATION ON AMOUNTS AUTHORIZED TO BE 
                   APPROPRIATED; REPORT.

       (a) Limitation.--
       (1) In general.--Except as provided in paragraph (2), 
     notwithstanding the total amount of the individual 
     authorizations of appropriations contained in this Act, 
     including the amounts specified in the classified Schedule of 
     Authorizations referred to in section 102, there is 
     authorized to be appropriated for fiscal year 2000 to carry 
     out this Act not more than the total amount authorized to be 
     appropriated by the Intelligence Authorization Act for Fiscal 
     Year 1999.
       (2) Exception.--Paragraph (1) does not apply to amounts 
     authorized to be appropriated for the Central Intelligence 
     Agency Retirement and Disability Fund by section 201.
       (b) Report.--
       (1) Study.--Not later than one year after the date of the 
     enactment of this Act, the Director of Central Intelligence 
     shall submit to Congress a detailed, comprehensive report in 
     unclassified form on the matter described in paragraph (2).
       (2) Matters studied.--(A) The bombing in March 1991 by the 
     Armed Forces of the United States during the Persian Gulf War 
     of a weapons and nerve gas storage bunker in

[[Page H3089]]

     Khamisiyah, Iraq, and errors committed by the agency with 
     respect to the location and contents of such bunker and the 
     failure to disclose the proper location and contents to the 
     Secretary of Defense.
       (B) Errors with respect to maps of the Aviano, Italy, area 
     prepared by the Central Intelligence Agency and used by 
     aviators in the Armed Forces of the United States which may 
     have resulted on February 3, 1998, in the accidental severing 
     of a cable car device by a United States military aircraft on 
     a training mission, which resulted in the deaths of twenty 
     civilians.
       (C) Errors with respect to maps of the Belgrade, 
     Yugoslavia, area which resulted on May 7, 1999, in the 
     accidental bombing of the Embassy of the People's Republic of 
     China by forces under the command of North Atlantic Treaty 
     Organization and the deaths of three civilians.

                               H.R. 1555

                        Offered By: Mr. Sanders

       Amendment No. 8: At the bill, add the following new title:

                   TITLE VI--MISCELLANEOUS PROVISIONS

     SEC. 601. LIMITATION ON AMOUNTS AUTHORIZED TO BE 
                   APPROPRIATED.

       (a) Limitation.--Except as provided in subsection (b), 
     notwithstanding the total amount of the individual 
     authorizations of appropriations contained in this Act, 
     including the amounts specified in the classified Schedule of 
     Authorizations referred to in section 102, there is 
     authorized to be appropriated for fiscal year 2000 to carry 
     out this Act not more than the total amount authorized to be 
     appropriated by the Intelligence Authorization Act for Fiscal 
     Year 1999.
       (b) Exception.--Subsection (a) does not apply to amounts 
     authorized to be appropriated for the Central Intelligence 
     Agency Retirement and Disability Fund by Section 201.

     SEC. 602. REPORT ON EFFICACY OF THE CENTRAL INTELLIGENCE 
                   AGENCY.

       (a) Report.--Not later than one year after the date of the 
     enactment of this Act, the Director of Central Intelligence 
     shall submit to Congress a detailed, comprehensive report in 
     unclassified form on the matters described in subsection (b).
       (b) Matters Studied.--Matters studies for the report under 
     subsection (a) shall include the following:
       (1) The bombing in March 1991 by the Armed Forces of the 
     United States during the Persian Gulf War of a weapons and 
     nerve gas storage bunker in Khamisiyah, Iraq, and errors 
     committed by the Central Intelligence Agency with respect to 
     the location and contents of such bunker and the failure to 
     disclose the proper location and contents to the Secretary of 
     Defense.
       (2) Errors with respect to maps of the Aviano, Italy, area 
     prepared by the Central Intelligence Agency and used by 
     aviators in the Armed Forces of the United States which may 
     have resulted on February 3, 1998, in the accidental severing 
     of a cable car device by a United States military aircraft on 
     a training mission, which resulted in the deaths of twenty 
     civilians.
       (3) Errors with respect to maps prepared by the Central 
     Intelligence Agency of the Belgrade, Yugoslavia, area which 
     resulted on May 7, 1999, in the accidental bombing of the 
     Embassy of the People's Republic of China by forces under the 
     command of North Atlantic Treaty Organization and the deaths 
     of three civilians.
       (c) Recommendations.--The report under subsection (a) shall 
     contain recommendations for such legislation and 
     administrative actions as the Director determines appropriate 
     to avoid similar errors by the Central Intelligence Agency.

                               H.R. 1555

                        Offered By: Mr. Sweeney

       Amendment No. 9: At the end of title III (page 10, after 
     line 2), insert the following new section:

     SEC. 304. PROTECTION OF IDENTITY OF RETIRED COVERT AGENTS.

       Section 606(4)(A) of the National Security Act of 1947 (50 
     U.S.C. 426(4)(A)) is amended--
       (1) by striking ``an officer or employee'' and inserting 
     ``a present or retired officer or employee''; and
       (2) by striking ``a member'' and inserting ``a present or 
     retired member''.

                               H.R. 1555

                        Offered By: Mr. Sweeney

       Amendment No. 10: At the end of title III (page 10, after 
     line 2), insert the following new section:

     SEC. 304. PROTECTION OF IDENTITY OF RETIRED COVERT AGENTS.

       (a) In General.--Section 606(4)(A) of the National Security 
     Act of 1947 (50 U.S.C. 426(4)(A)) is amended--
       (1) by striking ``an officer or employee'' and inserting 
     ``a present or retired officer or employee''; and
       (2) by striking ``a member'' and inserting ``a present or 
     retired member''.
       (b) Imposition of Minimum Prison Sentences for 
     Violations.--Section 601 of the National Security Act of 1947 
     (50 U.S.C. 421) is amended--
       (1) in subsection (a), by inserting ``not less than five 
     and'' after ``or imprisoned'';
       (2) in subsection (b), by inserting ``not less than 30 
     months and'' after ``or imprisoned''; and
       (3) in subsection (c), by inserting ``not less than 18 
     months and'' after ``or imprisoned''.

                               H.R. 1555

                        Offered By: Mr. Sweeney

       Amendment No. 11. At the end of title III (page 10, after 
     line 2), insert the following new section:

     SEC. 304. PROTECTION OF IDENTITY OF COVERT AGENTS THROUGH 
                   IMPOSITION MINIMUM PRISON SENTENCES FOR 
                   UNAUTHROIZED DISCLOSURE OF THAT IDENTITY.

       Section 601 of the National Security Act of 1947 (50 U.S.C. 
     421) is amended--
       (1) in subsection (a), by inserting ``not less than five 
     and'' after ``or imprisoned'';
       (2) in subsection (b), by inserting ``not less than 30 
     months and'' after ``or imprisoned''; and
       (3) in subsection (c), by inserting ``not less than 18 
     months and'' after ``or imprisoned''.

                               H.R. 1555

                       Offered By: Mr. Thornberry

       Amendment No. 12. At the end of the matter proposed to be 
     added by the amendment, add the following new section:

     SEC. 602. REPORTS TO CONGRESS ON FOREIGN VISITORS TO NATIONAL 
                   LABORATORIES.

       (a) Background Checks on All Foreign Visitors.--(1) 
     Notwithstanding any other provision of this Act relating to 
     counterintelligence programs for a national laboratory, 
     before any individual who is a citizen of a foreign nation 
     may enter a national laboratory, the Director of the Office 
     of Counterintelligence of the Department of Energy shall 
     determine whether a security clearance investigation (known 
     as ``background check'') is required to be carried out on 
     that individual.
       (2) The Director shall have sufficient opportunity to 
     review all such individuals and sufficient time to conduct 
     background checks and other investigative checks as 
     appropriate before entry to a national laboratory may take 
     place.
       (3) The Director shall submit to the chairmen and ranking 
     members of the Committee on Armed Services of the House of 
     Representatives and the Committee on Armed Services of the 
     Senate by the 15th of each month a report on the foreign 
     visitors program that includes the following information:
       (A) The identity of each such individual allowed to enter a 
     national laboratory during the previous month.
       (B) The nature and duration of the visit to the laboratory.
       (C) Whether a background check was performed on that 
     individual.
       (b) Additional Provisions Regarding Foreign Visitors.--
     Notwithstanding any other provision of this Act relating to 
     counterintelligence programs for a national laboratory, the 
     following provisions apply:
       (1) Moratorium.--Subject to paragraphs (2) and (3), the 
     Secretary of Energy may not allow the admittance to any 
     facility of a national laboratory of any individual who is a 
     citizen of a nation that is named on the current Department 
     of Energy sensitive countries list.
       (2) Waiver authority.--The Secretary may waive the 
     prohibition in paragraph (1) on a case-by-case basis with 
     respect to specific individuals whose admission to a national 
     laboratory is determined by the Secretary to be necessary for 
     the national security of the United States. In the case of a 
     waiver granted by the Secretary under this paragraph, by not 
     later than five days after granting the waiver, the Secretary 
     shall submit to the appropriate committees a report 
     describing the waiver and including such information as the 
     Secretary determines appropriate.
       (3) Termination of moratorium.--(A) The moratorium under 
     paragraph (1) shall cease to be in effect when the Secretary 
     of Energy, after consultation with the Director of the 
     Federal Bureau of Investigation, submits to the chairmen and 
     ranking members of the Committee on Armed Services of the 
     House of Representatives and the Committee on Armed Services 
     of the Senate a certification in writing of the following:
       (i) That a fully functioning counterintelligence program is 
     implemented and operating at each national laboratory as 
     required in this section, and that each such 
     counterintelligence program complies with the requirements of 
     Presidential Decision Directive number 61.
       (ii) That all personnel of the Department of Energy with 
     access to classified information have been trained in 
     appropriate security measures, including, secure computer 
     operations.
       (iii) That a system has been established by which the 
     Secretary will act promptly to address any suspected 
     compromise of classified information.
       (B) If, at any time after the enactment of this Act, the 
     Secretary determines that proper counterintelligence 
     safeguards are not in place at the national laboratories, or 
     if the Secretary determines that foreign visitors detract in 
     any way from a completely functional counterintelligence 
     program at the national laboratories, the Secretary shall 
     suspend all foreign visits to the national laboratories in 
     accordance with the paragraph (1). In the case of any 
     suspension under this paragraph, the Secretary shall submit 
     notice to the chairmen and ranking members of the Committee 
     on Armed Services of the House of Representatives and the 
     Committee on Armed Services of the Senate.

                               H.R. 1555

                         Offered By: Ms. Waters

       Amendment No. 13: At the end, add the following new title:

[[Page H3090]]

     TITLE VI--PROHIBITION ON DRUG TRAFFICKING BY EMPLOYEES OF THE 
                         INTELLIGENCE COMMUNITY

     SEC. 601. PROHIBITION ON DRUG TRAFFICKING BY EMPLOYEES OF THE 
                   INTELLIGENCE COMMUNITY.

       (a) Purposes.--It is the purpose of this section--
       (1) to prohibit the Central Intelligence Agency and other 
     intelligence agencies and their employees and agents from 
     participating in drug trafficking activities, including the 
     manufacture, purchase, sale, transport, or distribution of 
     illegal drugs; conspiracy to traffic in illegal drugs; and 
     arrangements to transport illegal drugs; and
       (2) to require the employees and agents of the Central 
     Intelligence Agency and other intelligence agencies to report 
     known or suspected drug trafficking activities to the 
     appropriate authorities.
       (b) Prohibition on Drug Trafficking.--No element of the 
     intelligence community, or any employee of such an element, 
     may knowingly encourage or participate in drug trafficking 
     activities.
       (c) Mandate to Report.--Any employee of an element of the 
     intelligence community having knowledge of facts or 
     circumstances that reasonably indicate that any employee of 
     such an element is involved with any drug trafficking 
     activities, or other violations of United States drug laws, 
     shall report such knowledge or facts to the appropriate 
     official.
       (d) Definitions.--As used in this section:
       (1) Drug trafficking activities.--
       (A) In general.--The term ``drug trafficking activities'' 
     means the possession, distribution, manufacture, cultivation, 
     sale, transfer, or the attempt or conspiracy to possess, 
     distribute, manufacture, cultivate, sell or transfer illegal 
     drugs (as those terms are applied under section 404(c) of the 
     Controlled Substances Act (21 U.S.C. 844(c)).
       (B) Inclusions.--Such term includes arrangements to allow 
     the use of federally owned or leased vehicles, or other means 
     of transportation, for the transport of illegal drugs.
       (2) Illegal drugs.--The term ``illegal drugs'' means 
     controlled substances (as that term is defined section 102(6) 
     of the Controlled Substances Act (21 U.S.C. 802(6)) included 
     in schedule I or II under part B of title II of such Act.
       (3) Employee.--The term ``employee'' means an individual 
     employed by an element of the intelligence community, and 
     includes the following individuals:
       (A) Employees under a contract with such an element.
       (B) Covert agents, as that term is defined in paragraph (4) 
     of section 606 of the National Security Act of 1947 (50 
     U.S.C. 426).
       (C) An individual acting on behalf, or with the approval, 
     of an element of the intelligence community.
       (4) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term under paragraph 
     (4) of section 3 of the National Security Act of 1947 (50 
     U.S.C. 401a).
       (5) Appropriate official.--The term ``appropriate 
     official'' means the Attorney General, the Inspector General 
     of the element of the intelligence community (if any), or the 
     head of such element.